557.021. Classification of offenses outside this code. - Missouri Statutes

Classification of offenses outside this code.

557.021. 1. Any offense defined outside this code which isdeclared to be a misdemeanor without specification of the penaltytherefor is a class A misdemeanor.

2. Any offense defined outside this code which is declaredto be a felony without specification of the penalty therefor is aclass D felony.

3. For the purpose of applying the extended term provisionsof section 558.016, RSMo, and the minimum prison term provisionsof section 558.019, RSMo, and for determining the penalty forattempts and conspiracies, offenses defined outside of this codeshall be classified as follows:

(1) If the offense is a felony:

(a) It is a class A felony if the authorized penaltyincludes death, life imprisonment or imprisonment for a term oftwenty years or more;

(b) It is a class B felony if the maximum term ofimprisonment authorized exceeds ten years but is less than twentyyears;

(c) It is a class C felony if the maximum term ofimprisonment authorized is ten years;

(d) It is a class D felony if the maximum term ofimprisonment is less than ten years;

(2) If the offense is a misdemeanor:

(a) It is a class A misdemeanor if the authorizedimprisonment exceeds six months in jail;

(b) It is a class B misdemeanor if the authorizedimprisonment exceeds thirty days but is not more than six months;

(c) It is a class C misdemeanor if the authorizedimprisonment is thirty days or less;

(d) It is an infraction if there is no authorizedimprisonment.

(L. 1977 S.B. 60, A.L. 1988 H.B. 1340 & 1348)

(1990) Absence of a stated maximum penalty merely indicates legislative intent that defendant convicted of that offense may be sentenced to any term of years above the minimum, including life imprisonment. Thurston v. State, 791 S.W.2d 893 (Mo.App.E.D.).